Full On Sport - Terms and Conditions

This document constitutes an agreement between you, the individual or organisation requesting the provision of services and us, Full On Sport Ltd; section a) includes our general terms and conditions; section b) includes terms and conditions specific to Timing Services and section c) includes our website terms of use.

(a) Terms and Conditions for Online Services

1. In this agreement 'we, us, our, Full On Sport' or similar references, refers to Full On Sport Ltd, a company registered in England under number 6833032 whose registered office address is at Suite 23, Yeovil Innovation Centre, Copse Lane, Barracks Close, Yeovil, Somerset BA22 8RN.

2. ‘Event Organiser’ means the individual or organisation requesting the provision of timing or related services from us, ‘Services’, and ‘Registrant’ means an individual registering for an event through www.fullonsport.com; the ‘Website’.

3. ‘Club Organiser’ - Club organisers are like event organisers. Except club membership last for a period, usually 12 months, where as an event takes place on a day.

Acceptance of Terms

4. By accessing the content of the Website you agree to be bound by the terms and conditions set out in section a) of this agreement and you accept our privacy and cookies policies available at www.fullonsport.com/privacy.

5. Where you request the provision of Services, you agree to be bound by the additional terms and conditions contained in section b) (which together shall provide the terms of the contract between us (the ‘Contract’)).

6. If you object to these or any of the other terms and conditions applicable to you, you should not use, or agree to purchase any of the products or services on, the Website and you are advised to leave the Website immediately but if you choose to continue to use the Website, you agree to be fully responsible for any claim, expense, liability, losses and/or costs including legal fees incurred by us, resulting from your continued use.

7. Full On Sport reserves the right to change, update or modify any part of these terms without notice; any modified terms will apply to your subsequent use of the Website; we advise users to regularly check for any updates; but where you have purchased Services from us, the terms of the Contract applicable at the time that you placed the order will remain in force and will only be updated with your prior consent to any subsequent changes.

Provision of Services

8. Full On Sport will provide the Services with all reasonable care and skill; it is acknowledged that the Event Organiser’s relationship under these conditions is with the company and not with any particular representative of the company, who shall be acting on its behalf.

9. An Event Organiser may post an event on the Full on Sport Website; if additional information or details are required, these shall be provided promptly, allowing Full on Sport to facilitate registrations for the event. NB Organisers have the ability to update their own details so they can do this themselves if they want

10. The provision of the Services will be limited to the particular scope as agreed in writing with the Event Organiser and not further or otherwise; if such information is not consistent with the Event Organiser’s specific requirements, the Event Organiser will provide, as soon as possible and in any event within 7 days of confirmation being received from Full On Sport, written notification of any mis-understanding(s) allowing the basis of the Event Organiser’s requirements to be confirmed.

11. The Event Organiser agrees to co-operate with Full On Sport in all matters relating to the Services, to include providing any information promptly that Full On Sport requires and accepting that any failure or delay in doing so may hinder or in some cases prevent Full On Sport from meeting their own liabilities under the Contract.

Cost of Services

12. The total cost of the provision of the Services (the “Fees”) will be as quoted by Full on Sport or as otherwise indicated and all prices are exclusive of VAT; any quotation shall remain valid for 14 days if not accepted within that timeframe.

13. Full On Sport shall be entitled to receive all Fees due to them without any deduction, counterclaim or set-off, except where a credit note has been issued by Full On Sport or as otherwise expressly agreed in writing; the Event Organiser’s particular attention is drawn to paragraphs 14 and 16.

14. The provision of Services over and above those confirmed in writing by Full On Sport will be deemed additional services outside of the original scope and therefore subject to additional Fees.

15. If a participant enters an event, and the organiser does not allow refunds, and in the event a user disputes the fees. A charge of £15 will be made against the organiser’s account.

Payments on the Full On Sport site

16. Important: When posting an event on the Full On Sport Website, the entry fee must include the Full On Sport processing and handling fees, as they will be deducted prior to the Fees being passed on to the Event Organiser; it is the sole responsibility of the Event Organiser to post accurate information; Full On Sport will not be liable for any shortfall arising from any posting errors or omissions and therefore the Event Organiser fully and unconditionally accepts that the total amount of Fees due to be paid by them under the Contract will be unaffected by any errors or omissions on their part.

15. Fees collected from online Registrants will be held in the Full On Sport Client Account and sent to the designated Event Organiser at pre-arranged regular intervals, usually at the beginning of the following calendar month, less the processing and handling fees of Full On Sport.

16. Full On Sport have the right to withhold funds if there is clear evidence of: fraud, money laundering or the event is in clear danger of being cancelled and the organiser has failed to close entries.

16.1. Full On Sport have the right to withhold funds for new organisers who have no historic record or track record of previous event management. Organisers of such events will be required to satisfy Full On Sport of their capability.

17. At all times Full On Sport are acting as agents for the Event Organiser and at no stage are the entry fees owned by Full On Sport (such fees not being deemed to include processing and handling fees).

Retention of Funds

18. Full On Sport maintains a designated Client Account with its bank; pending distribution to the Event Organiser of the balance of funds and taking account of any deductions for Fees and other costs by Full On Sport, funds received via the Website will be held in Full On Sport’s Client Account. The account is audited and there are internal procedures detailing transfers in and out of the account. An external accountant check the transfers.

Refund / Cancelation Policy

19. Any refunds, whether due to the cancellation of the event or for any other reason, shall be exclusively and directly handled by the Event Organiser. Full On Sport shall not be responsible for processing or making any refunds unless instructed by the organiser. In most cases, organisers of events DO NOT OFFER ANY kind of refund. Please check with the organiser of the event; it is the Event Organiser’s responsibility to ensure Registrants and others participants who book through the Website are explicitly made aware of these terms.

20. Where an event is cancelled, or for any other reason that may require the entry fees to be returned to the Event Organiser, Full On Sport will return to the Event Organiser any entry fees it has collected via its online booking system, less all Fees due, including Stripe and Full On Sport’s costs, or any other sums properly due to Full On Sport, for the Event Organiser to refund as they see fit.

Extent of Liability

21. The Event Organiser warrants that it has not been induced to enter in to a contract with Full On Sport as a result of any representation, statement or assurance made on or before the date of the Contract and no such representation, statement or assurance shall be deemed to be incorporated in to these terms or any others that may apply; the Event Organiser accepts that any indication of the Services within Full On Sport’s advertising or marketing are only intended to give an approximate indication of the services described in them and shall not have contractual force.

22. Except in respect of death or personal injury caused by Full On Sport’s negligence or in the event of fraud, Full On Sport’s maximum liability to the Event Organiser under any Contract shall not exceed a sum equivalent to the aggregate of all Fees due to Full on Sport, being Fees due within the preceding 12 month period.

23. Full On Sport shall not be liable to the Event Organiser by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence of Full On Sport, its employees or agents or otherwise) which arise out of or in connection with the provision of the Services.

24. Full On Sport shall not be liable to the Event Organiser or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform, any of Full On Sport’s obligations in relation to the provision of the Services, if the delay or failure was due to any cause beyond Full On Sport’s reasonable control; such causes shall include but not be limited to failure of, or interruption to, broadband, telephony or internet provision.

Use of Information; Data

25. Full On Sport reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Full On Sport’s sole discretion. In addition, any photos or images that are uploaded on to the Website automatically become the property of Full On Sport for them to use as they see fit, including the promotion of Full On Sport and the events that are advertised on the Website. Any image deemed to be offensive will be removed from the site and the member’s account suspended.

26. The Event Organiser warrants that all content and data held in respect of an event or the provision of the Services by Full On Sport is accurate; Full On Sport shall not be responsible for the cost of correcting any errors and any additional time incurred in doing so may constitute services beyond the scope of Full On Sport’s original work and therefore subject to additional Fees.

27. Full On Sport provides a non-exclusive, free of charge, license to the Event Organiser to use the data collected via Full On Sport’s Website, in relation to events and shall provide necessary access rights to review and administer that data leading up to and following the event; the Event Organiser undertakes to maintain the confidentiality of any access or login details provided to it.

28. Full On Sport acknowledges its obligations as a data controller under the Data Protection Act 1998; it is registered with the Information Commissioner’s Office under registration number: ZA154665.

Copyright

29. All intellectual property of Full On Sport such as copyright, trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of Full On Sport.

30. By using the Website, the Event Organiser agrees to respect the intellectual property rights of Full On Sport and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purposes any material contained within or derived from the Website or the provision of Full On Sport’s Services, save as otherwise licensed under these conditions.

Indemnity

31. The Event Organiser indemnifies and holds Full On Sport harmless from and against all losses, damages, costs, expenses and liabilities incurred or suffered by Full On Sport as a result of or arising from any act or omission of the Event Organiser or those conducted on its behalf which relates to the provision of the Services, or which arise from any claim or legal proceedings brought or threatened against Full On Sport by any third party for the misuse of any rights, intellectual property, data or other information.

Insurance

32. Full On Sport has and maintains in force Public Liability insurance up to a limit of £10,000,000 for any one occurrence or claim; details of such insurance can be provided upon written request.

Delivery Policy

33. Email confirmation into an event is sent promptly following registration. No physical tickets are posted. Please see the Event Organiser’s website to check whether they send out race packs prior to the event or if they are picked up on the day of the event.

Rights of Cancellation

34. The Event Organiser may cancel the Contract by giving notice in writing to Full On Sport at its address given above; following receipt of such notice, Full On Sport will refund sums properly due, taking account of Fees and other deductions outlined above.

35. Full On Sport may terminate the Contract without notice where the Event Organiser suspends, or threatens to suspend, payment of its debts or is, or is deemed to be (under any applicable laws relating to insolvency), unable to pay its debts as they fall due, seeks to compromise or make an arrangement with creditors generally, or where a petition or notice is filed or, where applicable, a resolution passed or steps taken, in relation to insolvency; in those circumstances, Full On Sport shall be entitled to retain Client Account funds and deal directly, or via an insolvency practitioner, with participants/Registrants, so far as returning their funds are concerned.

Entire Agreement

36. The provisions of the Contract represent the entire agreement and understanding of the parties in relation to its subject matter.

Severance

37. If any provision or part of a provision of the Contract is held to be wholly or partially invalid or unenforceable by any court, tribunal or competent body with sufficient jurisdiction, such provision or part shall be struck out or amended such as to make it valid and enforceable and the remaining provisions shall remain in force, to be construed with such changes.

No Variation

38. No variation may be made to the Contract, save that the Company may update or amend the terms of the Contract from time to time, without notice.

Assignment

39. Full On Sport may assign, transfer or otherwise deal with a Contract, or any of its terms, as it wishes and without the prior consent of the Event Organiser; Full On Sport shall procure that the identity of any assignee is confirmed to the Client as soon as reasonably possible; any attempted assignment by the Event Organiser shall be of no effect, without Full On Sport’s prior consent (which shall not be unreasonably withheld)

Governing Law and Jurisdiction

40. The Contract is governed by the laws of England, with English Courts having exclusive jurisdiction to hear or settle any disputes or claims, including non-contractual disputes or claims, without reference to rules governing choice of laws.

(b) Terms and Conditions for Timing Services

1) When attending an event, Full On Sport undertake to provide the Event Organiser with the following:

A supply of pre-programmed chips

Provision of timing mats, control boxes, cabling and software

Immediate race results (including age group categories as supplied)

Timing results posted on our Website

Printed results at the finish (if required)

Video taped finish (if required)

2) Prior to the event Full On Sport requires that the Event Organiser provides the following information:

The event details (to include: Venue, Race Distance, Mat positions, Age categories, Entrance fees and the rules for generating ages on the day (i.e. BTF/Actual age)). The Event Organiser is responsible for the accuracy of this information

The spreadsheet of entrants’ details, at least three days prior to the event (to include: First name, Last name, Date of Birth, Gender, Club, Race Number and Wave Start Times). The Event Organiser is responsible for the accuracy of this information

The number of spare chips required, and how they are to be allocated

The rules and time limits for entering on the day

How and when the chips/tags are to be delivered

Number of volunteers available to assist (either to input data at the start or to remove the chips at the finish)

Number and type of results printouts required on the day

The time difference between the last read and prize giving

The time to elapse before publishing the results as ‘final’, as opposed to ‘provisional’

Any information that may have an effect on the production of results or the performance of Full On Sport

3) Full On Sport operates on the following financial terms:

A deposit of one third of the minimum timing services cost is required to secure the event date.

The Event Organiser will meet the cost of replacing any chips lost during the course of the event. Full On Sport will allow 14 days after the event for the chips to be recovered

Cheques should be made payable to Full On Sport Ltd and sent to Unit 6, Yeovil Small Business Park, Memorial Drive, Yeovil, BA22 8WA

Bank transfer details available on request.

Settlement terms: the deposit should be paid as soon as possible to secure date; other invoices to be paid within 15 days of the date of the invoice; time shall be of the essence

If the event is cancelled, the Event Organiser will forfeit the race deposit. Full On Sport will return to the Event Organiser any entry fees it has collected via its online booking system, less all Fees properly due, to include Stripe and Full On Sport’s costs. Full On Sport shall not be responsible for processing or making any refunds.

4) Additional information for Event Organisers

For details on the use and ownership of personal information, please refer to our privacy and cookies policies available at www.fullonsport.com/privacy

Full On Sport maintains a designated Client Account with its bank; pending distribution to the Event Organiser of the balance of funds and taking account of any deductions for Fees and other costs by Full On Sport, funds received via the Website will be held in Full On Sport’s Client Account.

In any event, Event Organisers undertake not to share the race entrants’ personal information that they have obtained from the Full On Sport Website with third parties without their permission

Full On Sport carry Public Liability insurance up to a limit of £10,000,000 for any one occurrence. Full details of the insurance policy can be obtained Full On Sport. Please find our contact details on our Website.

When posting an event on to our Website the Event Organiser is responsible for the accuracy of the information and is subject to the privacy restrictions and terms and conditions as set out on the Website.